Hazleton bar warned about noise at outdoor events

JAMIE PESOTINE/Staff Photographer
Owner Jeff Cusat speaks about the noise warnings he has received for holding outdoor events at Cusat's Cafe on Alter Street in Hazleton.

The outdoor music at one Hazleton bar has been silenced.

Jeff Cusat, owner of Cusat's Cafe on Alter Street, said he received a warning about two weeks ago from the Bureau of Liquor Control Enforcement, stating he violated a law regarding noise outside of the establishment. The section states a liquor-licensed business can't allow music to be audible outside the business.

He said liquor enforcement told him the agency had received numerous complaints about noise.

Liquor Control Enforcement Officer Supervisor Brian Langan said businesses usually get a warning from the agency if they haven't had a previous warning. In the past four years, Langan said, Cusat's hasn't received a warning or citation. He said Cusat's did have one warning for noise about five years ago.

Immediate neighbors, Cusat said, haven't complained about the noise to him and some even said they supported his outdoor events, several of which benefitted local organizations.

Because of the warning, Cusat said he has cancelled all outdoor fundraising events planned for the year.

Cusat said though the liquor enforcement agent who advised him of the warning was "extremely" nice about it, it still came as bad news to the business and to the area groups that hold fund-raisers.

However, Cusat said, a municipality can request a noise exemption to the liquor law from the state agency for individual businesses. The exemption, he said, would allow Cusat's to have outdoor music and would repeal his decision to cancel the outdoor events.

If Hazleton applies for the exemption and it is approved by the Liquor Control Board in Harrisburg, Cusat's and other bars that are interested in the exemption would fall under Hazleton City's noise ordinance.

Cusat said Hazleton's noise ordinance permits bands and other outdoor activities for residential and private or public business until 11 p.m.

Hazleton Council President Joseph Yannuzzi said he is aware of the situation but is undecided on whether to apply for the exemption. Yannuzzi said he wants to further investigate the exemption process with an attorney and ensure that whatever council decides to do with the situation is fair to everyone.

Cusat's held a variety of outdoor fund raisers in the past four years, including a Memorial Day block party that benefits the Greater Hazleton American Cancer Society Relay for Life and a Labor Day block party that benefits The Helping Hands Society of Luzerne, Carbon and Schuylkill counties.

This past May, Cusat said, several groups held fund-raisers at the bar and raised $20,000 by using the outdoor premises and having live music. Cusat said outdoor music at the bar stopped every night by 10 p.m., so it wouldn't annoy neighbors.

He took out an advertisement in Thursday's edition of the Standard-Speaker to announce that the outdoor events would be canceled until further notice and listed the local groups that benefited from the outdoor fundraisers. He said he placed the advertisement so those groups would understand why he has to say "no" to them in the future.

Mike Sosar, entertainment chairman of Greater Hazleton American Cancer Society Relay for Life, said canceling the outdoor block parties will hurt the groups that relied on them for fund-raisers. "Any hit's a big hurt," Sosar said.

People in general, Sosar continued, looked forward to the events each year and will be disappointed over the cancellation. "It's become a Memorial Day and Labor Day tradition," he said.

Jack Seamon of Helping Hands said everyone knows the economy is "tough and too lose another event, it's a major disappointment." He said the block party raises between $4,000 and $5,000 that is applied to the children at Helping Hands.

This spring, Cusat said, he built an outside bar for $12,000 for his patrons to use even when benefits aren't taking place, but Sunday the bar and the outside area was nearly empty. Cusat said patrons were sparse because music isn't allowed outside anymore.

Picnic tables, an outside bar, a grill, citronella candles, televisions, a beer pong table, beach chairs in sand, portable toilets and other outdoor games take up space in the business' side yard near the deck.

Cusat said he held the outdoor fundraisers and built and outdoor bar and deck to help out the town and local groups and also to draw patrons to his business. He said in the past few years a lot of locals shifted where they spent their weekends and their money. He said residents went from patronizing Hazleton area clubs and bars to traveling to businesses outside of the area on the weekends. Hazleton business, he said, is dying because of the shift and locals need to be drawn back to local businesses with something new and different.

He hoped the outdoor bar would draw customers back to town, but now with the liquor warning he said he won't have a chance to see if it does. Liquor control can place fines against a business owner for a violation of a liquor code or revoke a liquor license if the violation is serious enough.

Cusat's has been in business on Alter Street since the 1900s.

achristman@standardspeaker.com

We welcome user discussion on our site, under the following guidelines:

To comment you must first create a profile and sign-in with a verified DISQUS account or social network ID. Sign up here.

Comments in violation of the rules will be denied, and repeat violators will be banned. Please help police the community by flagging offensive comments for our moderators to review. By posting a comment, you agree to our full terms and conditions. Click here to read terms and conditions.

Not long ago, homelessness was unheard of in the Hazleton area. Rents and the cost of homes were low and almost universally affordable; families routinely found rooms for poor relatives in basements, attics or other small household areas. However, today’s
(read more)